Why is it in the news?
- The debate over inclusion of Muslims in the OBC quota and the Constitution’s commitment to social justice has sparked discussions:
1) Should India reconsider the 50% reservation cap to ensure fair representation for all communities? 2) Is it time to extend reservation benefits to Dalit Christians and Muslims to address historical discrimination?
Constitution and Social Equality
- The Constitution aims to ensure social justice and guarantee equal rights for all citizens.
- Articles 15 and 16 provide for equal treatment by the state and in public employment, and allow for special provisions to advance OBC, SC, and ST communities.
- OBC encompasses socially and educationally backward castes and may include Most Backward Classes (MBC) in some states. The reservation percentages vary across states.
- In the Indra Sawhney case (1992), the Supreme Court upheld the 27% reservation for OBC, acknowledging caste as a significant factor in determining backwardness. To maintain equality, the court imposed a 50% cap on reservations, allowing exceptions in exceptional circumstances.
- The current reservation allocation stands at 49.5% for OBC (27%), SC (15%), and ST (7.5%). The court also excluded the “creamy layer” from OBC reservation based on income limits.
- In the Janhit Abhiyan case (2022), the court validated the constitutional legitimacy of EWS reservation, considering economic criteria for reservation.
Comparison to Affirmative Action in Other Countries
- In the U.S., “affirmative action” encompasses government-endorsed programs addressing racial minorities, while the U.K. and France have different approaches to combat under-representation of disadvantaged groups.
- The U.S. Supreme Court recently ruled against race-based affirmative action programs in college admissions, citing violation of the U.S. Constitution’s equal protection clause.
| Current Controversy
· The Constituent Assembly opposed religion-based reservation, and the Constitution prohibits discrimination solely based on religion under Articles 15 and 16. · The current debate revolves around the inclusion of Muslim communities in the OBC quota in Karnataka. Sub-categorization for Muslims within the OBC quota has existed in Karnataka since 1995. The Congress has pledged to work on removing the 50% reservation cap.
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Way Forward
- Reservation serves to redress past discrimination faced by OBC, SC, and ST communities. The concentration of reservation benefits among a limited number of OBC sub-castes is a concern, sparking the need for sub-categorization.
- Similar challenges exist within the SC and ST categories, and there are ongoing discussions about extending SC reservations to Dalit Christians and Muslims. These discussions must carefully balance the pursuit of social justice and equality guaranteed in the Constitution.
